As a member of the ICC, Mongolia was obligated to detain Putin, but it declined to do so.

The ICC originally issued an arrest warrant for Putin in 2023 for “the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation.”

A legal expert told Politico that if Mongolia fails to arrest Putin, it will likely face prosecution. “Mongolia will most certainly be prosecuted by the International Criminal Court for breaching its duty of cooperation,” said Tamas Hoffmann, senior research fellow at the Institute for Legal Studies.

“The ICC may then decide to refer the case to the Assembly of Parties, which could condemn Mongolia’s violation under a so-called noncompliance procedure,” Hoffmann added. “However, there are no serious consequences, such as sanctions, for the offending country.”

Putin avoided arrest in the past when he canceled an August 2023 trip to South Africa, another ICC member.

Mongolia’s failure to arrest Putin comes to little surprise. The country has close relations with Russia and shares a border with it, making it likely disadvantageous to start a conflict. Mongolia also has close relations with China, a country that has aligned itself with Russia despite its invasion of Ukraine, which has caused dismay in much of the West.

Mongolia’s inaction, though, comes as the country has a Mongolian judge on the court. Russia, China, and the United States were not signatories of the Rome Statute, which established the ICC.

Several human rights groups demanded that Mongolia arrest Putin, as did Ukrainian officials.

“The extent of destruction in Ukraine after 2.5 years of active combat is nearly impossible to calculate,” an open letter by the Antiwar Human Rights Coalition said. “All this human suffering is caused by the will of one person — Vladimir Putin. You can end it by upholding the law. If you do, Mongolia will free three countries at once: Ukraine, Belarus, and Russia.”

Altantuya Batdorj, executive director of Amnesty International Mongolia, said: “To shelter a fugitive from international justice would not only amount to obstruction of justice. If Mongolia provides even a temporary safe haven for President Putin, it will effectively become an accomplice in ensuring impunity for some of the most serious crimes under international law.”

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Putin visited Mongolia at the invitation of Mongolian President Ukhnaa Khurelsukh to participate in ceremonies marking the 85th anniversary of the victory of Mongolian and Soviet troops over Japanese forces at the Khalkhin Gol.

He also visited a Russian community bordering Mongolia before his state visit, Tuva, telling a uniformed female cadet at school to be “in shape and always fight, always be ready to fight.”